LEGAL ASPECTS OF PERSONNEL ADMINISTRATION
This research paper summarizes the legal aspects of personnel administration in the American public school system. It focuses primarily on the legal problems which arise out of the actions of school districts, administrators, teachers and students and their impact on those groups and on parents and the community. The public school system has become much more legally intensive because it is operating under very severe pressures and is undergoing significant changes. For the personnel or human relations function, the most important areas of concern are the following: (1) the tort liability of school districts, administrators and teachers under state law; (2) the effects on school liabilities and school discipline of the recent upsurge of equal access constitutional litigation; (3) the evolving rights and responsibilities of teachers; and (4) new legal problems produced by recent educational reforms.
Tort Liability of Schools and Teachers
Traditionally, courts have been reluctant to interfere with the exercise of discretion by school districts, administrators and teachers, except in cases involving a clear abuse of that discretion, a lack of good faith or other violations of state law. At one time, public school administrators (but not teachers) were exempt from civil liability to students or others under the doctrine of sovereign immunity. According to Tanner (1972), the general rule was that "school districts and municipalities are not liable for pupil injury" (p. 525). Sovereign immunity remains in effect in some states, especially in the South and Southwest, but it has been revoked by statute or case law in many others. If that doctrine applies, a plaintiff allegedly injured by school action can recover only from individual school teachers or other school employees. In those jurisdictions in which it does not apply, the school district or school board can be held liable fo...